29 August 2021
A divorce by Mutual Consent is when the parties to the marriage leaving separately for a considerable amount of time generally 1 year or more decides to file for a divorce.
MOU (Memorandum of Understanding) is a useful tool in case of divorce by mutual consent as it helps in making the Separation Agreement by providing a guideline. Preparing an MOU helps in several ways like it leaves no room for any further litigation as every possible detail are included, thus making the judicial process fast and efficient.
In case of death of a spouse before the announcement of divorce by the Court, the petition is dismissed by the court after documents certifying death is produced.
In case of assets that are directly in the name of the heirs are out of probate and cannot be subjected to either of the spouse’s interest. If the heirs are named beneficiaries of retirement accounts, life insurance policies, etc then it passes directly to such beneficiary.
Since the MOU was prepared between the parties in the marriage which is set aside due to death of one of the spouse, any claim cannot be made by her mother on such property.
Hope this resolves your query.